Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360

Supreme Court New South Wales

Medium Neutral Citation: Beck v Colonial Staff Super Pty Ltd & Ors (No. 2) [2015] NSWSC 1360 Hearing dates: 14 September 2015 Date of orders: 28 September 2015 Decision date: 28 September 2015 Jurisdiction: Equity Before: Slattery J Decision: Estoppel found against both the second and third defendants. Limited stay granted in respect of the Court's orders. The third defendant ordered to pay 40% of the plaintiff's total solicitor-client costs on the indemnity basis and the balance of the plaintiff's costs on the ordinary basis. Issues of interest on costs reserved for further consideration. Catchwords: EQUITY – equitable relief – equitable estoppel – scope of estoppel held to exist in previous judgment – orders necessary to give effect to estoppel

CIVIL PROCEDURE – application for stay of judgment pending appeal or expiry of period for lodging an appeal – whether balance of convenience favours stay – where no evidence as to cost of giving effect to judgment – where over 10 years had passed since termination of plaintiff's employment – public interest in quick resolution of disputes

COSTS – indemnity costs – common fund basis where partial function of litigation was as a construction suit – whether reasonable to reject alternative offers made in Calderbank letter – where offers made before expert evidence as to quantum served – where offers made without explanation of plaintiff's claims in context of inherently complex and not-yet-finalised pleadings -- interest on costs – where no evidence as to timing of incurring of costs – costs of first defendant's liquidator – where first defendant was not heard as to costs. Legislation Cited: Civil Procedure Act 2005, ss 56, 101(4) and (5) Cases Cited: Alexander v Cambridge Credit Corporation (1985) 2 NSWLR 685 Beck v Colonial Staff Super Pty Ltd & Ors [2015] NSWSC 723 Drummond v Drummond [1999] NSWSC 923 Drummond and Rosen Pty Ltd v Easey (No. 2) [2009] NSWCA 331 Grogan v Thiess Contractors Pty Ltd [2000] NSWSC 1101 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No. 2) (2005) 13 VR 435 Herning v GWS Machinery Pty Ltd (No. 2) [2005] NSWCA 375 Miwa Pty Ltd v Siantan Properties Pte Ltd (No. 2) [2011] NSWCA 344 Woodlawn Capital Pty Ltd v Motor Vehicles Insurance Ltd [2015] NSWCA 227 Texts Cited: Ford & Lee, Principles of the Law of Trusts, [14.3380] Category: Costs Parties: Plaintiff: Peter Beck First Defendant: Colonial Staff Super Pty Ltd (ACN 074 962 628) Second Defendant: Commonwealth Bank Officers Superannuation Corporation Pty Limited (ACN 074 519 798) as trustee for the Commonwealth Bank Officers' Superannuation Fund Third Defendant: Commonwealth Bank of Australia (ACN 123 123 124) Representation: Counsel: Plaintiff: J.C. Kelly SC; J. Merkel; P. Godkin Second and Third Defendants: Scott Nixon; James Hutton